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Failure to Diagnose Colon Cancer Medical Malpractice in Chicago
A failure to diagnose colon cancer is one of the most serious forms of medical negligence a patient can face. Colon cancer is highly treatable when caught early, but a missed or delayed diagnosis can allow the disease to advance to a stage where treatment options shrink and survival odds drop sharply. If a doctor failed to order the right tests, dismissed your symptoms, or never followed up on abnormal results, you may have a valid medical malpractice claim under Illinois law. At Briskman Briskman & Greenberg, located at 205 W. Randolph St., Suite 925, Chicago, IL 60606, we represent patients and families throughout the Chicago area who have been harmed by diagnostic failures in cancer care.
Table of Contents
- Why Colon Cancer Stage at Diagnosis Matters So Much
- How Doctors Fail to Diagnose Colon Cancer in Chicago Patients
- Illinois Law and What You Must Prove in a Colon Cancer Malpractice Case
- Filing Deadlines Under Illinois Law for Colon Cancer Malpractice Claims
- Damages You Can Recover in a Chicago Colon Cancer Malpractice Case
- Why Chicago Patients Trust Briskman Briskman & Greenberg With These Cases
- FAQs About Failure to Diagnose Colon Cancer Medical Malpractice in Chicago
Why Colon Cancer Stage at Diagnosis Matters So Much
The stage at which colon cancer is found is the single most important factor in whether a patient survives. Five-year relative survival ranges from 91% for localized disease to just 15% for distant disease. That gap is enormous, and it is why a failure to diagnose colon cancer at an early stage can be so devastating.
From 2019 to 2023, only about 1 in 3 colorectal cancer cases were diagnosed at a localized stage, meaning the cancer had not yet spread outside the colon or rectum. Almost 4 in 10 colorectal cancers were found at a regional stage, where the cancer had spread to nearby lymph nodes, tissues, or organs, and about 2 in 10 were found at a distant stage. Far too many patients are being diagnosed later than they should be.
In 2026, an estimated 158,850 new cases of colorectal cancer are projected in the United States, with an estimated 55,230 people expected to die from the disease. Colorectal cancer is the second leading cause of cancer death in the United States. These numbers make clear that this is not a rare condition, and doctors have both the tools and the professional obligation to screen for it and act on warning signs.
When a physician sees red flags like rectal bleeding, persistent changes in bowel habits, unexplained weight loss, or abdominal pain, and still fails to order a colonoscopy or follow up on abnormal lab results, that failure can cost a patient years of life. The question in a malpractice case is whether a reasonably competent doctor in the same situation would have made the same call. Most of the time, the answer is no.
How Doctors Fail to Diagnose Colon Cancer in Chicago Patients
Diagnostic failures in colon cancer cases follow recognizable patterns. Understanding them helps patients recognize when something went wrong in their own care. A Chicago personal injury lawyer who handles medical malpractice claims will look for these exact breakdowns when evaluating a case.
One of the most common failures is dismissing symptoms as something less serious. A patient who reports blood in the stool, fatigue, or changes in bowel habits might be told they have hemorrhoids or irritable bowel syndrome. That explanation may be correct, but a competent physician should rule out colon cancer first, especially in patients over 45 or those with a family history of colorectal cancer.
Another frequent failure is not ordering appropriate diagnostic testing. Colon cancer is one of the few cancers that can be detected and even prevented through routine screening. Screening tests can prevent colorectal cancer or find it early, when treatment works best. When a doctor skips a colonoscopy referral for a symptomatic patient or ignores an abnormal stool blood test, that omission can be the basis for a negligence claim.
Pathology errors also play a role. A biopsy may be taken during a colonoscopy, but if the lab misreads the tissue sample or the results are never communicated back to the patient, the cancer goes untreated. These failures can involve multiple providers, from the gastroenterologist to the pathologist to the primary care physician who never followed up.
Failure to refer to a specialist is another common problem. A primary care doctor who sees persistent GI symptoms and never sends the patient to a gastroenterologist may have breached the standard of care. The same applies to a specialist who performs a colonoscopy, finds a suspicious polyp, and fails to schedule timely follow-up testing.
Illinois Law and What You Must Prove in a Colon Cancer Malpractice Case
Illinois medical malpractice claims are governed by specific statutes that set out exactly what a patient must prove and what procedural steps must be followed before a case can move forward. Working with an experienced medical malpractice lawyer is essential to meeting these requirements correctly and on time.
To win a failure to diagnose colon cancer claim in Illinois, you must prove four things. First, a doctor-patient relationship existed. Second, the doctor deviated from the accepted standard of care, meaning a reasonably competent physician in the same specialty would have acted differently. Third, that deviation caused your injury. Fourth, you suffered actual damages as a result, such as the cancer advancing to a later stage, the need for more aggressive treatment, or death.
Illinois also requires that before you file a malpractice lawsuit, you must attach a certificate of merit to your complaint. Under 735 ILCS 5/2-622, the plaintiff’s attorney must file an affidavit stating that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious cause for the lawsuit. That reviewing professional must have practiced or taught in the same area of medicine within the last six years. A separate certificate is required for each named defendant.
If multiple providers are at fault, Illinois law on joint liability under 735 ILCS 5/2-1117 may apply. Under that statute, defendants found to be at least 25% at fault are jointly and severally liable for all damages. This matters in cases where a primary care doctor, a gastroenterologist, and a pathologist each played a role in the missed diagnosis.
Filing Deadlines Under Illinois Law for Colon Cancer Malpractice Claims
Time limits in Illinois medical malpractice cases are strict. Missing a deadline can permanently bar your claim, no matter how strong the evidence is. Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action must generally be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury, with a four-year outside limit from the act or omission.
In colon cancer cases, the clock does not always start on the day a doctor made an error. It often starts when the patient first learns, or reasonably should have learned, that their cancer was missed or delayed due to negligence. A patient who was told they had hemorrhoids for two years before finally being diagnosed with Stage III colon cancer may have their two-year window start from the point they connected the delayed diagnosis to the doctor’s failure.
That said, no claim may be filed more than four years after the malpractice under 735 ILCS 5/13-212, regardless of when the patient discovered the harm. This four-year repose period is an absolute cutoff in most adult cases. There are limited exceptions. Under 735 ILCS 5/13-215, if a healthcare provider intentionally hides wrongdoing, victims have five years from the time they discover the fraudulent concealment to file a lawsuit.
If a loved one died because colon cancer was not diagnosed in time, a wrongful death claim may be available under the Illinois Wrongful Death Act, 740 ILCS 180/1. That statute allows surviving family members to pursue damages when a person’s death was caused by wrongful conduct that would have supported a personal injury claim had the victim survived. Wrongful death claims in medical malpractice cases are generally subject to a two-year deadline measured from the date of death.
Do not wait to speak with an medical malpractice attorney about your situation. The sooner you act, the better your chances of preserving evidence, identifying all responsible parties, and meeting Illinois filing requirements.
Damages You Can Recover in a Chicago Colon Cancer Malpractice Case
Patients who suffer harm because colon cancer was not diagnosed in time can pursue compensation for a wide range of losses. These damages are meant to put you as close as possible to where you would have been had the negligence not occurred. A qualified medical malpractice lawyer can help you identify every category of loss that applies to your situation.
Economic damages include past and future medical expenses, which in a late-stage colon cancer case can be substantial. Surgery, chemotherapy, radiation therapy, hospital stays, home care, and palliative treatment all carry significant costs. Lost wages and lost earning capacity are also recoverable if the cancer and its treatment prevented you from working.
Non-economic damages cover the physical pain, emotional suffering, and loss of normal life that a delayed diagnosis causes. Being told your cancer is now Stage IV when it could have been caught at Stage I is a life-altering event. The fear, the grief, the loss of time with family, and the physical toll of aggressive treatment are all real losses that Illinois law recognizes.
In wrongful death cases, surviving family members may recover damages for grief, loss of society, and the financial support the deceased would have provided. Under the Illinois Wrongful Death Act, 740 ILCS 180/1, the person or company that would have been liable for the injury is also liable for damages caused by the death, including punitive damages in some circumstances, though punitive damages are not available in healing art malpractice actions under Illinois law.
Illinois law caps attorney fees in medical malpractice cases. Under 735 ILCS 5/2-1114, the total contingent fee for a plaintiff’s attorney in a medical malpractice action cannot exceed 33 and one-third percent of all sums recovered. At Briskman Briskman & Greenberg, we handle these cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. You should be aware that clients may still be responsible for certain case costs and expenses.
Why Chicago Patients Trust Briskman Briskman & Greenberg With These Cases
Chicago is home to world-class medical institutions, from Northwestern Memorial Hospital near Streeterville to Rush University Medical Center in the Illinois Medical District near the United Center. Patients throughout Cook County, including those in Lincoln Park, Hyde Park, Wicker Park, and communities along the I-290 and I-94 corridors, trust these facilities with their lives. When those institutions or their physicians fail to diagnose colon cancer, the consequences can be devastating.
Briskman Briskman & Greenberg has spent decades representing injured people throughout the Chicago area. We handle complex medical malpractice cases, including failure to diagnose claims involving colon cancer, other delayed cancer diagnoses, and failures to order appropriate diagnostic testing. We understand Illinois procedural requirements, including the certificate of merit rules under 735 ILCS 5/2-622, and we work with qualified medical experts to build strong, well-supported claims.
Cases filed in Cook County are handled in the Richard J. Daley Center at 50 W. Washington St. in the Loop. Our office at 205 W. Randolph St., Suite 925, Chicago, IL 60606 is just steps away. We know how these cases are evaluated locally, and we are prepared to fight for the full compensation our clients deserve. If you believe a doctor’s failure to diagnose your colon cancer caused you harm, contact us at (312) 222-0010 for a free consultation. Speaking with us does not create an attorney-client relationship, and there is no obligation to hire us after your consultation.
You can also reach an medical malpractice attorney at our firm to discuss your options and learn what your case may be worth. Every case is different, and past results do not guarantee a similar outcome in your matter.
FAQs About Failure to Diagnose Colon Cancer Medical Malpractice in Chicago
What does it mean for a doctor to “fail to diagnose” colon cancer?
A failure to diagnose colon cancer means a physician had enough information to suspect or identify colon cancer but did not take the necessary steps to confirm or rule it out. This can include ignoring symptoms like rectal bleeding or unexplained weight loss, not ordering a colonoscopy for a patient who met screening criteria, failing to follow up on abnormal test results, or not referring the patient to a gastroenterologist. The failure does not have to be intentional. Negligence means the doctor fell below the standard of care that a reasonably competent physician in the same specialty would have met.
How do I know if I have a valid malpractice claim for a missed colon cancer diagnosis?
A valid claim generally requires four elements: a doctor-patient relationship, a deviation from the accepted standard of care, a direct link between that deviation and your harm, and actual damages. If your colon cancer advanced to a later stage because a doctor dismissed your symptoms or failed to order appropriate testing, and a medical expert confirms that a competent physician would have acted differently, you may have a strong claim. The best way to find out is to speak with an attorney who handles medical malpractice cases and can have your records reviewed by a qualified health professional as required under 735 ILCS 5/2-622.
How long do I have to file a colon cancer malpractice lawsuit in Illinois?
Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or reasonably should have known that your injury was caused by medical negligence. However, no claim can be filed more than four years after the negligent act or omission, regardless of when you discovered the harm. In colon cancer cases, the two-year clock often starts when a patient receives a later-stage diagnosis and connects it to a prior doctor’s failure to act. Because these deadlines are strict and the clock can start earlier than patients expect, you should speak with an attorney as soon as possible.
Can I sue if a family member died because colon cancer was not diagnosed in time?
Yes. If a loved one died because colon cancer was missed or diagnosed too late due to a doctor’s negligence, surviving family members may be able to file a wrongful death claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. This statute allows a claim when the deceased would have had a valid personal injury case had they survived. Wrongful death claims in medical malpractice cases are generally subject to a two-year deadline from the date of death. Damages can include loss of financial support, loss of companionship, and grief. Each case is different, and outcomes depend on the specific facts involved.
What does it cost to hire Briskman Briskman & Greenberg for a colon cancer malpractice case?
Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis, which means you do not pay attorney fees unless we recover compensation for you. Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 and one-third percent of all sums recovered. You should be aware that clients may still be responsible for certain litigation costs and expenses separate from attorney fees. To discuss your case and understand your options, call us at (312) 222-0010 for a free consultation. There is no obligation to hire us after speaking with us.
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